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Industrial manslaughter offence introduced in New South Wales

On 20 June 2024, the New South Wales Parliament passed legislation to include a new criminal offence of industrial manslaughter under work health and safety legislation.

On 20 June 2024, the New South Wales Parliament passed legislation to include a new criminal offence of industrial manslaughter under work health and safety legislation.

Under the amendments, a person conducting a business or undertaking (PCBU) or an officer of a PCBU who has a health and safety duty may be prosecuted for the death of a worker or another individual due to gross negligence.  

The maximum penalty for the offence will be imprisonment for 25 years for an individual or $20 million for a body corporate.  

The penalties will be considered the largest amongst the other States and Territories who have implemented the offence of industrial manslaughter – that is, all States and Territories except Tasmania.  

The offence of industrial manslaughter will commence in NSW on a date fixed by Proclamation.

Information provided in this news alert is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.

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